determine whether the facts of the case, as presented and assuming no additional facts, give you information sufficient to establish a legally binding implied contract.
Topic #1 – Please respond to Question 7. Be sure to determine whether the facts of the case, as presented and assuming no additional facts, give you information sufficient to establish a legally binding implied contract. Be sure to confirm EVERYTHING that is required to establish an implied contract. (2 PARAGRAPHS)
A radiologist’s employment with a hospital was terminated for “four incidents of scanning exams incorrectly, alleged delay in patient care, scanning the wrong anatomy, alleged complaint on a patient survey, peer reviews of which [plaintiff] knew nothing, and alleged complaints from coworkers.” The radiologist filed suit against the hospital for numerous claims, including breach of contract. The radiologist did not allege that a contract specifying a definite period of employment existed between her and the hospital. Instead, she asserted that certain contractual rights regarding termination and grievance procedures arose out of the hospital’s employee handbook. The hospital’s failure to follow those procedures in terminating her employment, she argued, constituted a breach of contract.
The radiologist alleged that, as part of employee orientation, she was required to acknowledge in writing the receipt of the employee handbook that set forth the grievance procedures that were available to employees of the hospital and that she was likewise required to acknowledge in writing the receipt of Standards of Performance for Employees.
Do you think that these stipulations in the employee handbook’s grievance procedures were sufficient to create a contract? [See Horne v. Cumberland County Hosp. System, Inc., 746 S.E.2d 13 (N.C. App. 2013).]
Topic #2 – Against the backdrop of modern issues, norms and nuances, discuss why the concept of “Employment-at-will” should or should not be a prevailing practice in today’s employment arena. Please be sure to note whether, when considering this issue, the consequences, penalties and recourse available to both parties should determine whether this legal doctrine could stand against the always-important fairness and public policy analysis. (1 PARAGRAPH)
Topic #3 – Please discuss the Hodge v. Evans* case and, specifically, why the Court’s holding either does or does not seem to you to be good law. (2 PARAGRAPHS)